Education Law of China (2015 Amendment)

 2018-05-10  1168


Education Law of China (2015 Amendment)


· Document Number:Order No. 39 of the President of the People's Republic of China

· Area of Law: Education

· Level of Authority: Laws

· Date issued:12-27-2015

· Effective Date:09-01-1995

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Education Law of China
(Adopted at the Third Session of the Eighth National People's Congress on March 18, 1995, amended for the first time according to the Decision on Amending the Some Laws as adopted at the tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending the Education Law of the People's Republic of China as adopted at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015)
Contents
Chapter I General Provisions
Chapter II Basic System of Education
Chapter III School and Other Institutions of Education
Chapter IV Teachers and Other Educators
Chapter V Educatees
Chapter VI Education and Society
Chapter VII Educational Input and Guarantee of Conditions
Chapter VIII Foreign Exchange and Cooperation In Education
Chapter IX Legal Responsibility
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to developing the cause of education, enhancing the quality of the entire nation and promoting the socialist material as well as cultural and ethical progress.
Article 2 This Law shall be applicable to education of all types and at all levels offered within the territory of the People's Republic of China.
Article 3 In developing the cause of socialist education, the State adheres to taking Marxism, Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as its guidelines and follows the basic principles defined in the Constitution.
Article 4 Education is the basis of the socialist modernization drive, and the State ensures priority to the development of educational undertakings.
The entire society should show concern for and give support to the development of educational undertakings.
The entire society should respect teachers.
Article 5 Education must serve the socialist modernization construction and the people, and be combined with productive labor and social practices, to train socialist builders and successors who are fully developed in morals, intelligence, physical fitness, and aesthetics, among others.
Article 6 Education shall be always based on the established moral values, the education on the core values of socialism shall be strengthened, and the sense of social responsibility, spirit of innovation, and practical capability of educatees shall be heightened.
The state shall provide education on patriotism, collectivism, and socialism with Chinese characteristics among educatees, as well as ideals, ethics, discipline, rule of law, national defense, and national unity.
Article 7 In education the brilliant historic and cultural tradition of the Chinese nation shall be inherited and carried forward and all other excellent achievements of human civilization shall be absorbed.
Article 8 Educational activities shall conform to the State and public interests.
The State separates education from religion. No organization or individual may make use of religion to conduct activities that interfere with the educational system of the State.
Article 9 Citizens of the People's Republic of China shall have the right and obligation to receive education.
All citizens, regardless of ethnic group, race, sex, occupation, property status or religious belief, shall enjoy equal opportunities for education according to law.
Article 10 The State, in light of the characteristics and needs of the different minority ethnic groups, provides assistance to the development of educational undertakings in regions inhabited by the minority ethnic groups.
The State supports and assists the development of educational undertakings in the outlying and poverty-stricken areas.
The State supports and develops educational undertakings for the disabled.
Article 11 The state shall, as needed for the development of the socialist market economy and the social advancement, promote educational reforms, boost the coordinated development, connection, and integration of education at various levels and of various types, improve the modern national education system and the life-long education system, and enhance the modernization of education.
The state shall take measures to promote educational equality and promote the balanced development of education.
The State supports, encourages and organizes scientific research in education, disseminate the results of scientific research in education so as to enhance the quality of education.
Article 12 The standard spoken and written Chinese language shall be the basic language used by schools and other educational institutions in education and teaching, and schools and other educational institutions shall use standard spoken and written Chinese language in education and teaching.
Schools and other educational institutions dominated by ethnic minority students in ethnic autonomous areas shall, according to the actual circumstances, use the standard spoken and written Chinese language and the spoken and written language of their respective ethnicities or commonly used by the local ethnicities to implement bilingual education.
The state shall take measures to facilitate and support the implementation of bilingual education in schools and other educational institutions dominated by ethnic minority students.
Article 13 The State awards units or individuals that have made outstanding achievements in the development of education.
Article 14 The State Council and the local people's governments at various levels shall guide and administer educational work under the principles of administration by different levels and of a division of responsibilities.
Secondary education and education at lower levels shall be administered by the local people's governments under the guidance of the State Council.
Higher education shall be administered by the State Council, and/or the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.
Article 15 The administrative department of education under the State Council shall be in charge of the nationwide educational work, and undertake overall planning, coordination and management of the educational undertakings throughout the country.
The administrative departments of education under the people's governments at or above the county level shall be in charge of the educational work in their respective administrative regions.
Other departments concerned under the people's governments at or above the county level shall be responsible for the related educational work within the scope of their functions and duties.
Article 16 The State Council and the local people's governments at or above the county level shall report to the people's congresses at the corresponding levels or their standing committees on the work of education and on the budgets and final accounts of the operating expenses for education, which shall be subject to supervision.
Chapter II Basic System of Education
Article 17 The State applies a school education system embracing pre- school education, primary education, secondary education and higher education.
The State establishes a scientific schooling system. The establishment, forms of instruction, length of schooling, enrollment targets, objectives of training, etc. of schools and other institutions of education governed by the schooling system shall be prescribed by the State Council or the administrative department of education empowered by the State Council.
Article 18 The state shall develop the standards for pre-school education, accelerate the popularization of pre-school education, and establish a pre-school education public service system covering both urban and rural areas, especially the countryside.
The people's governments at all levels shall take measures to facilitate and support the pre-school education received by children below the school age.
Article 19 The State applies a system of nine-year compulsory education.
People's governments at all levels shall take various measures to guarantee school-age children and adolescents access to education.
Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.
Article 20 The state shall apply a system of vocational education and a system of continuing education.
The people's governments at all levels, relevant administrative departments, industry associations, enterprises, and public institutions shall take measures to develop and guarantee that citizens receive education in vocational schools or different forms of vocational training.
The state shall encourage the development of varied forms of continuing education so that citizens receive appropriate forms of education in politics, economics, culture, science, technology, profession, and other respects, promote the mutual recognition and connection of outcomes of learning of various types, and promote life-long learning among the whole people.
Article 21 The State applies a national education examination system.
The administrative department of education under the State Council shall determine the types of national education examination which shall be undertaken by the institutions that conduct such education examination as approved by the State.
Article 22 The State applies a system of education certificates.
Schools and other institutions of education established with the approval of or recognized by the State shall, in accordance with the relevant regulations of the State, grant educational qualification certificates or other education certificates.
Article 23 The State applies a system of academic degree.
Institutions entitled to grant academic degrees shall grant to persons who have attained the required academic or professional or technical level corresponding academic degrees and issue to them degree certificates in accordance with law.
Article 24 People's governments at various levels, grass-roots autonomous organizations of a mass character and enterprises and institutions shall take all kinds of measures to carry out literacy education program.
Citizens capable of receiving literacy education according to relevant regulations of the State shall receive literacy education.
Article 25 The State applies an educational supervision system and an educational evaluation system for schools and other institutions of education.
Chapter III School and Other Institutions of Education
Article 26 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.
The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.
The state shall establish and run schools and other educational institutions under the principle of thrifty
A school or any other educational institution to be run entirely or partially with fiscal funding or donated assets shall not be formed as a for-profit organization.
Article 27 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:
(1) having an organizational structure and rules and regulations;
(2) having qualified teachers;
(3) having teaching premises, facilities and equipment that are up to the required standards; and
(4) having the necessary funds for running the school as well as a stable source of funding.
Article 28 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.
Article 29 Schools and other institutions of education shall exercise the following rights:
(1) to administer school affairs independently in accordance with their rules and regulations;
(2) to organize and conduct educational and teaching activities;
(3) to enroll students or other educatees;
(4) to manage school roll and grant awards to or take disciplinary measures against educatees;
(5) to grant to educatees appropriate education certificates;
(6) to recruit teachers, other staff and workers and grant awards to or take disciplinary measures against them;
(7) to manage and use the facilities and financial resources of their own;
(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and
(9) other rights prescribed by laws and regulations.
The State protects the lawful rights and interests of schools and other institutions of education from infringement.
Article 30 Schools and other institutions of education shall fulfil the following obligations:
(1) to observe laws and regulations;
(2) to implement the State's educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;
(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;
(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees' academic performance and other relevant information;
(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and
(6) to be subjected to supervision according to law.
Article 31 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.
The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People's Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school's teaching and administration.
Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.
Article 32 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.
A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.
The State assets in a school or any other institution of education shall be owned by the State.
Factories run by schools or other institutions of education shall bear civil liabilities independently.
Chapter IV Teachers and Other Educators
Article 33 Teachers shall enjoy the rights prescribed by law, fulfil the obligations prescribed by law and devote themselves to the people's cause of education.
Article 34 The State protects the lawful rights and interests of teachers, improves their working and living conditions and enhances their social status.
Salaries and welfare benefits for teachers shall be handled according to the provisions of laws and regulations.
Article 35 The State applies a system of qualifications, posts and appoint-ment for teachers, enhances the quality of teachers and build a strong contingent of teachers by means of examination, awards and training.
Article 36 A system of educational administrators shall be applied for administrative personnel of schools and other institutions of education.
A system of appointment for professional or technical post shall be applied for auxiliary teaching staff and other professional or technical personnel in schools and other institutions of education.
Chapter V Educatees
Article 37 Educatees shall according to law enjoy equal rights in enrollment, admission to schools of a higher level, employment, etc.
Schools and administrative departments concerned shall, in accordance with relevant regulations of the State, ensure that females enjoy equal rights with males in enrollment, admission to schools of a higher level, employment, conferment of academic degrees, dispatch for study abroad, etc.
Article 38 The State and society provide financial assistance of various forms to children, adolescents and youths who meet the conditions for school admission but whose families have financial difficulties.
Article 39 The State, society, schools and other institutions of education shall carry out education for the disabled in light of their physical and mental conditions and needs and provide them with assistance and convenience.
Article 40 The State, society, families, schools and other institutions of education shall create conditions for adolescent delinquents to receive education.
Article 41 Employees shall have the right and obligation to receive vocational training and continuing education according to law.
State organs, enterprises and institutions as well as other social organizations shall create conditions and provide convenience for their staff and workers to study and receive training.
Article 42 The State encourages schools and other institutions of education as well as social organizations to take measures to create conditions for citizens to receive life-long education.
Article 43 Educatees shall enjoy the following rights:
(1) to participate in various activities arranged according to educational or teaching programs and use educational or teaching facilities, equipment and books and materials;
(2) to receive scholarships, student loans or subsidies in accordance with the relevant regulations of the State;
(3) to receive a fair evaluation of his or her academic performance and moral character, and receive an education certificate or academic degree certificate, as appropriate, upon completion of the required programs;
(4) to lodge a complaint with the competent department if he or she refuses to accept punishment imposed by the school, and to lodge a complaint or bring a lawsuit, in accordance with law, against an infringement upon his or her right of the person or property or other lawful rights and interests by the school authorities or teachers; and
(5) other rights as stipulated by law or regulations.
Article 44 Educatees shall fulfil the following obligations:
(1) to observe law and regulations;
(2) to observe norms of conduct for students, respect teachers and develop sound ideology, moral character and habits of conduct;
(3) to work hard in their studies and complete the assigned tasks of study; and
(4) to adhere to the management system of the school or any other institution of education they attend.
Article 45 Administrative departments of education, sports and public health, and schools or other institutions of education shall improve sports and health care facilities to ensure students good health both in body and in mind.
Chapter VI Education and Society
Article 46 State organs, units of the army, enterprises, institutions, public organizations, other social organizations and individuals shall, in accordance with law, create a good social environment for children, adolescents and students so that they may grow up healthy both physically and mentally.
Article 47 The State encourages enterprises, institutions, public organizations and other social organizations to cooperate in various forms with institutions of higher learning and secondary vocational schools in teaching, scientific research, and technological development and popularization.
Enterprises, institutions, public organizations, other social organizations and individuals may, in appropriate ways, support the development of schools and participate in their management.
Article 48 State organs, units of the army, enterprises, institutions and other social organizations shall provide assistance and convenience for students' internships and social practices arranged by schools.
Article 49 Schools and other institutions of education shall take an active part in local public welfare activities, provided that this does not affect their normal educational and teaching activities.
Article 50 Parents or other guardians of minors shall provide the necessary conditions for their minor children or other minors under their guardianship to receive education.
Parents or other guardians of minors shall coordinate with schools or other institutions of education in educating their minor children or other minors under their guardianship.
Schools and teachers may furnish parents of students with guidance for family education.
Article 51 Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.
Radio and television stations (centers) shall offer educational programs designed to help enhance the ideology and moral character and cultural, scientific and technological qualities of educatees.
Article 52 The State and society shall establish and develop educational facilities for minors to receive after-school education.
Schools and other institutions of education shall coordinate with grassroots autonomous organizations of a mass character, enterprises, institutions and public organizations to strengthen after-school education for minors.
Article 53 The State encourages public organizations, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in body and mind of educatees.
Chapter VII Educational Input and Guarantee of Conditions
Article 54 The State practises a system wherein government appropriations constitute the main body of the educational appropriations, supplemented by funds raised from a variety of other sources, and the State gradually increases its educational input so as to ensure a stable source of educational appropriations for State-run schools.
With respect to schools and other institutions of education established and run by enterprises, institutions, public organizations, other social organizations or individuals, their operating expenses shall be raised by the respective sponsors; the people's governments at various levels may provide them with appropriate support.
Article 55 The proportion of educational appropriations in gross national product allocated by the State shall gradually rise, as the national economy develops and the financial revenue increases. The specific proportion and measures for its implementation shall be prescribed by the State Council.
The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.
Article 56 The educational appropriations of the people's governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of their unified authority over the administrative affairs and the financial affairs.
The people's governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure on per enrolled student shall increase steadily and that the teachers' salaries and the average public expenditure per student shall increase steadily.
Article 57 The State Council and the people's governments at or above the county level shall set up a special fund for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there.
Article 58 Taxation authorities shall collect in full the extra charges of education funds, all of which shall be controlled by the administrative departments of education and used mainly for the enforcement of compulsory education.
Pursuant to the relevant regulations of the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to levy local extra charges for educational purpose, which shall be used exclusively for education.
Article 59 The State adopts preferential measures to encourage and help schools to launch work-study programs, to provide services for the community and to set up schools factories, on condition that this shall not affect the normal education and teaching.
Article 60 The State encourages social organizations and individuals both at home and abroad to donate money for education in China.
Article 61 Educational appropriations from the State and contributions and donations offered by social organizations or individuals for education shall be used for education; they shall not be diverted to any other purposes or withheld.
Article 62 The State encourages the use of loans and other financial means to support the development of educational undertakings.
Article 63 People's governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.
Article 64 Local people's governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with the relevant regulations of the State.
Article 65 People's governments at various levels shall, in accordance with the relevant regulations of the State, give priority and adopt preferential policies with regard to the publication and distribution of textbooks and other printed materials for teaching and learning purposes, the production and supply of teaching and learning instruments and equipment, and the importation of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.
Article 66 The state shall promote the development of information technology in education, accelerate the construction of information infrastructure of education, and use information technology to promote the popularization and sharing of high quality educational resources and enhance the capability of education and teaching and the capability of educational management.
The people's governments at or above the county level and their relevant departments shall develop educational information technology and other modern teaching methods, and the relevant administrative departments shall place it on the top of their agenda and provide support.
The state shall encourage schools and other educational institutions to promote and use modern teaching methods.
Chapter VIII Foreign Exchange and Cooperation In Education
Article 67 The state shall encourage foreign exchange and cooperation in education, and support schools and other educational institutions in introducing high quality educational resources, providing Chinese-foreign cooperative education according to the law, developing international educational services, and training students with international perspectives.
In conducting foreign exchange and co-operation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People's Republic of China shall not be violated, and the State sovereignty and security and public interests shall not be harmed.
Article 68 To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the State.
Article 69 Individuals outside the territory of China, who meet the requirements of the State and complete the relevant formalities, may enter China to study, do research, engage in academic exchange or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the State.
Article 70 Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or by the relevant regulations of the State.
Chapter IX Legal Responsibility
Article 71 Where, in violation of the relevant regulations of the State, educational appropriations are not examined and allocated as specified in the budget, the people's government at the corresponding level shall set a time limit for such examination and allocation; if the case is serious, leading persons directly in charge and other persons directly responsible for it shall be given sanctions according to law.
Where, in violation of the State's fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that is diverted to other purposes or withheld and shall impose, in accordance with law, administrative sanctions on the leading persons directly in charge and other persons directly responsible for it; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 72 If anyone engages in gang-fighting or stirs up quarrels, thus disrupting educational or teaching order of schools or other institutions of education, or destroys school buildings, sites or other property, he shall be given administrative penalties for public security by public security organs; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
If anyone illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to law.
Article 73 If anyone knowingly fails to take measures with regard to the school buildings or educational or teaching facilities that are dangerous, thus causing human casualties or heavy losses of property, the leading persons directly in charge and other persons directly responsible for it shall be investigated for criminal responsibility according to law.
Article 74 If anyone, in violation of the relevant regulations of the State, collects fees from a school or any other institution of education, he shall be ordered by the government concerned to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given sanctions according to law.
Article 75 If anyone, in violation of the relevant regulations of the State, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education or other relevant administrative departments; the unlawful gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given sanctions according to law.
Article 76 Any school or other educational institution that enrolls students in violation of the relevant provisions of the state shall be ordered by the administrative department of education or other relevant administrative departments to send back such students and refund the fees collected; the school or other educational institution shall be issued a warning and fined not more than five times the illegal income of it; if the circumstances are serious, the qualification of the school or other educational institution to enroll students shall be suspended for one to three years or even be revoked, or the license for running the school or educational institution shall be revoked; disciplinary action shall be taken against the directly liable official in charge and other directly liable persons according to the law; and if it is criminally punishable, the offender shall be held criminally liable according to the law.
Article 77 If anyone practises favoritism or other irregularities in enrolling students or other trainees, he shall be ordered by the relevant administrative department of education or other relevant administrative departments to dismiss the students or trainees; the leading persons directly in charge and other persons directly responsible for it shall be given sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
Article 78 Where schools or other institutions of education, in violation of the relevant regulations of the State, collect fees from educatees, such schools or institutions shall be ordered by the relevant administrative department of education or other relevant administrative departments to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given sanctions according to law.
Article 79 Where an examinee commits any of the following acts in a state education examination, the staff members of the educational testing institution organizing the examination shall take necessary measures at the site of examination to stop the act and terminate his or her participation in the examination; the educational testing institution organizing the examination may disqualify him or her from taking the examination or cancel his or her examination score; if the circumstances are serious, the examinee shall be ordered by the administrative department of education to stop taking the relevant state education examinations for one to three years; and if the act is a violation of the public security administration, public security administration punishment shall be imposed on the violator according to the law; or if the act is criminally punishable, the offender shall be held criminally liable according to the law:
(1) Illegally obtaining examination questions or answers.
(2) Carrying or using examination cheating equipment or materials.
(3) Copying any other examinee's answers.
(4) Allowing any other person to take an examination by assuming his or her identity.
(5) Other cheating acts of obtaining examination scores by inappropriate means.
Article 80 Where any organization or individual commits any of the following acts, if there is any illegal income, the public security authority shall confiscate the illegal income, and impose a fine of not less than one time nor more than five times the illegal income on the organization or individual; if the circumstances are serious, the violator shall be detained for not less than five days nor more than 15 days; or if the act is criminally punishable, the offender shall be held criminally liable according to the law; and if the violator or offender is a staff member of a state authority, disciplinary action shall also be taken against him or her according to the law:
(1) Organizing cheating.
(2) Helping or facilitating cheating by providing equipment for cheating in examinations and other means.
(3) Taking an examination by assuming the identity of any other person.
(4) Divulging or spreading examination questions or answers before the end of an examination.
(5) Other acts of disturbing the order of examination.
Article 81 Where, in the administration of state education examinations, the mismanagement of an administrative department of education or an educational testing institution causes the disorderliness at the examination site and the occurrence of serious cheating, disciplinary action shall be taken against the directly liable official in charge and other directly liable persons according to the law; and if the mismanagement is criminally punishable, the offender shall be held criminally liable according to the law.
Article 82 Where any school or other educational institution issues academic degree certificates, academic diplomas, or other educational certificates in violation of this Law, the relevant administrative department of education or other relevant administrative department shall declare the invalidation of, order the return of, or confiscate such certificates, and if there is any illegal income, confiscate the illegal income; if the circumstances are serious, the qualification of the school or institution to enroll students shall be suspended for one to three year or even revoked or its qualification to issue certificates shall be even revoked; and disciplinary action shall be taken against the directly liable official in charge and other directly liable persons according to the law.
Where any organization or individual other than those prescribed in the preceding paragraph produces, sells, or issues counterfeit academic degree certificates, diplomas, or other educational certificates in violation of public security administration, public security administration punishment shall be imposed by the public security authority on the violator according to the law; or if the act is criminally punishable, the offender shall be held criminally liable according to the law.
Where any academic degree certificate, diploma, or other educational certificate is obtained by cheating, plagiary, copying, or any other fraudulent act or by any other inappropriate means, the certificate shall be revoked by the issuing institution. Where any counterfeit academic degree certificate, diploma, or other educational certificate is purchased or used in violation of public security administration, public security administration punishment shall be imposed by the public security authority on the violator according to the law.
Article 83 If anyone, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees or schools or other institutions of education, thus causing losses or damage, he shall bear civil liabilities according to law.
Chapter X Supplementary Provisions
Article 84 Regulations on education in military schools shall be formulated by the Central Military Commission in accordance with the principles of this Law.
Regulations on education in religious schools shall be formulated by the State Council separately.
Article 85 Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.
Article 86 This Law shall go into effect as of September 1, 1995.